Ateneo - UPO

The course is based on the teacher's presentation of the subject matters. The lesson consistently involves interaction with attending students, who can intervene spontaneously with questions and observations or be solicited by the teacher on certain questions.

One of the two following texts: 1) C.M. BIANCA, Istituzioni di diritto privato, IV edizione, Giuffré, 2025. 2) A. TORRENTE-P. SCHLESINGER-F. ANELLI, Manuale di diritto privato, XXVII edizione, Giuffré, 2025.

The Course will teach students the correct approach to Private Law and provide the knowledge of its principles, concepts, institutions, essential for every legal career. Valuing which are the interests the legal system is protecting each time is mainly important for those who attend every legal career. Through practical case-law studies the course is also intended to provide a method for this.

An adequate knowledge of italian language is required.

Lectures

Starting from 1st January 2023 the exams, according to art. 35 of the Regolamento di Ateneo the student is allowed to appear at the roll call no more than three times (it is the same for insufficient, absent or withdrawn). Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

The final exam consists in a written examination and an optional oral examination for students who have passed the written exam with a grade of at least 18/30.

Law and rule. - The sources of law in general. - The private law and the system of sources. - The legal situations. - The facts and legal acts. - Personal. - The protection of legal situations. - The property. - Assets. - The right to property. - The rights to what others. -Communion. - The defense of rights in rem. - Possession. - The rights to intellectual works. - Bonds. - The report required. - Compliance and failure. - Special types of debt. - The sequence in the credit and debt. - The guarantee of compensation. - The contract. - The range of contract. - The elements of the contract. - The performance of the contract. - Validity and invalidity of the contract. - The dissolution of the contract. - Individual contracts. - The contracts of sale. - Contracts of use. - The contracts for the provision of work or services. - The contracts of insurance (notions). - Contracts for the settlement of disputes. - Sources of non-contractual obligation. - "Acts and Facts" different from the contract. - The tort. - Facts and abuse liability. - Family and succession. - The family group. - The system of inheritance and donations inter vivos. - The protection of rights. - Advertising and proof of legal facts. - Prescription and decadence. GENDER MAINSTREAMING In the discussion of the programme, particular attention is dedicated to gender mainstreaming.

At the end of the course students will be able to identify the “ratio” (the “reason”) of legal rules, suitably connecting the different legal institutions. They will achieve a proper and correct language and be able to reason about the importance of rules and principles of the private law system.